Power of attorney - how do you resign?

Power of attorney - how do you resign?

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A few years ago I was asked by a client to be a lasting power of attorney and foolishly and naively I did, but now our relationship isn't as strong as it used to be. Therefore I am now considering whether I should be his power of attorney. I have searched the web on this topicbut I cannot find any reference to "How to resign".

Can anyone point me in the right direction on what I have to do and is it possible to do so.

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By Jekyll and Hyde
06th Sep 2012 14:28

Thanks, but reading this it only mentions...
.. that the attorney can resign. I looked at this page before but unless I am being completely stupid it only mentions the attorney can resign. It doesn't go into how they can actually resign.

It does go on to discuss the deed of revocation, but this is not for the Attorney, it would be for the client. I cannot see how I, as the attorney, can resign. Who do I write to?

 

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By mrme89
06th Sep 2012 15:03

Done some reading a made a call or two…

 

Only the donor (your client) can make the deed of revocation, which requires both your signatures. The LPA cannot do this. However, automatic resignation kicks in if the LPA refuses to act / dies / become bankrupt. I believe on the form to become a LPA there must be a second choice LPA?

Out of curiosity, why do you not simply tell your client that no longer wish to act as their LPA? 

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By Chris Smail
06th Sep 2012 15:39

Has the LPA been registered yet?

If not just draw up a new one.

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By LyneT
06th Sep 2012 15:51

as per mr me

In theory, all you need to do is not act.  It is as simple as that.  I have had a couple of cases where the non professional attorney decides, for one reason or the other, not to act, and it is simply a case of refusing to act.

Whilst I have never seen a case where the professional has refused to act, I would advise you to tell the client that you are no longer able to act.  It just covers you.

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